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Crime and Courts Act 2013

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Crime and Courts Act 2013, Cross Heading: Proceeds of Crime Act 2002 is up to date with all changes known to be in force on or before 23 November 2017. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

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Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Proceeds of Crime Act 2002E+W+S+N.I.

14The Proceeds of Crime Act 2002 is amended as follows.E+W+S+N.I.

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Commencement Information

I1Sch. 21 para. 14 in force at 25.6.2013 for specified purposes by S.I. 2013/1042, art. 4(j)

I2Sch. 21 para. 14 in force at 22.11.2014 for specified purposes by S.I. 2014/3098, art. 2(d)

15In section 41A (restraint orders: power to retain seized property etc), in subsection (3), after paragraph (c) insert—E+W+S+N.I.

(ca)an immigration officer;.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I3Sch. 21 para. 15 in force at 22.11.2014 by S.I. 2014/3098, art. 2(e)

16(1)Section 47C (power to seize property) is amended in accordance with this paragraph.E+W+S+N.I.

(2)Subsection (6) is amended as follows—

(a)after paragraph (a) insert—

(aa)where applicable, in accordance with subsection (6A) or (6B).;

(b)for “(b) is exercisable” substitute—

(6A)The power conferred by this section is exercisable.

(3)After subsection (6A) insert—

(6B)The power conferred by this section is exercisable by an immigration officer only if the officer has reasonable grounds for suspecting that conduct constituting the relevant offence—

(a)relates to the entitlement of one or more persons who are not nationals of the United Kingdom to enter, transit across, or be in, the United Kingdom (including conduct which relates to conditions or other controls on any such entitlement), or

(b)is undertaken for the purposes of, or otherwise in relation to, a relevant nationality enactment..

(4)After subsection (7) insert—

(8)Relevant nationality enactment” means any enactment in—

(a)the British Nationality Act 1981,

(b)the Hong Kong Act 1985,

(c)the Hong Kong (War Wives and Widows) Act 1996,

(d)the British Nationality (Hong Kong) Act 1997,

(e)the British Overseas Territories Act 2002, or

(f)an instrument made under any of those Acts..

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I4Sch. 21 para. 16 in force at 22.11.2014 by S.I. 2014/3098, art. 2(e)

17In section 47G (“appropriate approval”), in subsection (3), after paragraph (a) insert—E+W+S+N.I.

(aa)in relation to the exercise of a power by an immigration officer, an immigration officer of a rank designated by the Secretary of State as equivalent to that of a senior police officer,.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I5Sch. 21 para. 17 in force at 22.11.2014 by S.I. 2014/3098, art. 2(e)

18In section 47M (further detention in other cases), in subsection (3), after paragraph (a) insert—E+W+S+N.I.

(aa)an immigration officer;.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I6Sch. 21 para. 18 in force at 22.11.2014 by S.I. 2014/3098, art. 2(e)

19In section 72 (serious default), in subsection (9), after paragraph (e) insert—E+W+S+N.I.

(ea)if the person in default was an immigration officer, the compensation is payable by the Secretary of State;.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I7Sch. 21 para. 19 in force at 25.6.2013 by S.I. 2013/1042, art. 4(k)

20In section 120A (restraint orders: power to retain seized property etc), in subsection (3), after paragraph (b) insert—E+W+S+N.I.

(ba)an immigration officer;.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I8Sch. 21 para. 20 in force at 22.11.2014 by S.I. 2014/3098, art. 2(e)

21(1)Section 127C (power to seize property) is amended in accordance with this paragraph.E+W+S+N.I.

(2)Subsection (6) is amended as follows—

(a)after paragraph (a) insert—

(aa)where applicable, in accordance with subsection (6A) or (6B).;

(b)for “(b) is exercisable” substitute—

(6A)The power conferred by this section is exercisable.

(3)After subsection (6A) insert—

(6B)The power conferred by this section is exercisable by an immigration officer only if the officer has reasonable grounds for suspecting that conduct constituting the relevant offence—

(a)relates to the entitlement of one or more persons who are not nationals of the United Kingdom to enter, transit across, or be in, the United Kingdom (including conduct which relates to conditions or other controls on any such entitlement), or

(b)is undertaken for the purposes of, or otherwise in relation to, a relevant nationality enactment..

(4)After subsection (7) insert—

(8)Relevant nationality enactment” means any enactment in—

(a)the British Nationality Act 1981,

(b)the Hong Kong Act 1985,

(c)the Hong Kong (War Wives and Widows) Act 1996,

(d)the British Nationality (Hong Kong) Act 1997,

(e)the British Overseas Territories Act 2002, or

(f)an instrument made under any of those Acts..

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I9Sch. 21 para. 21 in force at 22.11.2014 by S.I. 2014/3098, art. 2(e)

22In section 127G (“appropriate approval”), in subsection (3), after paragraph (a) insert—E+W+S+N.I.

(aa)in relation to the exercise of a power by an immigration officer, an immigration officer of a rank designated by the Secretary of State as equivalent to that of a senior police officer,.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I10Sch. 21 para. 22 in force at 22.11.2014 by S.I. 2014/3098, art. 2(e)

23In section 127M (further detention in other cases: Scotland), in subsection (3), after paragraph (a) insert—E+W+S+N.I.

(aa)an immigration officer;.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I11Sch. 21 para. 23 in force at 22.11.2014 by S.I. 2014/3098, art. 2(e)

24In section 190A (restraint orders: power to retain seized property), in subsection (3), after paragraph (c) insert—E+W+S+N.I.

(ca)an immigration officer;.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I12Sch. 21 para. 24 in force at 22.11.2014 by S.I. 2014/3098, art. 2(e)

25(1)Section 195C (power to seize property) is amended in accordance with this paragraph.E+W+S+N.I.

(2)Subsection (6) is amended as follows—

(a)after paragraph (a) insert—

(aa)where applicable, in accordance with subsection (6A) or (6B).;

(b)for “(b) is exercisable” substitute—

(6A)The power conferred by this section is exercisable.

(3)After subsection (6A) insert—

(6B)The power conferred by this section is exercisable by an immigration officer only if the officer has reasonable grounds for suspecting that conduct constituting the relevant offence—

(a)relates to the entitlement of one or more persons who are not nationals of the United Kingdom to enter, transit across, or be in, the United Kingdom (including conduct which relates to conditions or other controls on any such entitlement), or

(b)is undertaken for the purposes of, or otherwise in relation to, a relevant nationality enactment..

(4)After subsection (7) insert—

(8)Relevant nationality enactment” means any enactment in—

(a)the British Nationality Act 1981,

(b)the Hong Kong Act 1985,

(c)the Hong Kong (War Wives and Widows) Act 1996,

(d)the British Nationality (Hong Kong) Act 1997,

(e)the British Overseas Territories Act 2002, or

(f)an instrument made under any of those Acts..

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I13Sch. 21 para. 25 in force at 22.11.2014 by S.I. 2014/3098, art. 2(e)

26In section 195G (“appropriate approval”), in subsection (3), after paragraph (a) insert—E+W+S+N.I.

(aa)in relation to the exercise of a power by an immigration officer, an immigration officer of a rank designated by the Secretary of State as equivalent to that of a senior police officer,.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I14Sch. 21 para. 26 in force at 22.11.2014 by S.I. 2014/3098, art. 2(e)

27In section 195M (further detention in other cases: Northern Ireland), in subsection (3), after paragraph (a) insert—E+W+S+N.I.

(aa)an immigration officer;.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I15Sch. 21 para. 27 in force at 22.11.2014 by S.I. 2014/3098, art. 2(e)

28In section 297A (forfeiture notice), in subsection (6), after paragraph (a) insert—E+W+S+N.I.

(aa)an immigration officer of a rank designated by the Secretary of State as equivalent to that of a senior police officer,.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I16Sch. 21 para. 28 in force at 22.11.2014 by S.I. 2014/3098, art. 2(e)

29In section 297F (release of cash subject to forfeiture notice), in subsection (4), after “Customs,” insert “ immigration officer, ”.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I17Sch. 21 para. 29 in force at 22.11.2014 by S.I. 2014/3098, art. 2(e)

30In section 351 (supplementary provision about production orders), in subsection (5)—E+W+S+N.I.

(a)after “customs officer” (in the first place) insert “ or an immigration officer ”;

(b)after “customs officer” (in the second place) insert “ or immigration officer ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I18Sch. 21 para. 30 in force at 25.6.2013 by S.I. 2013/1042, art. 4(k)

31In section 352 (search and seizure warrants), in subsection (5)—E+W+S+N.I.

(a)in paragraph (a), after “a customs officer” insert “ or an immigration officer ”;

(b)in paragraph (c), after “Customs” insert “ or an immigration officer ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I19Sch. 21 para. 31 in force at 25.6.2013 by S.I. 2013/1042, art. 4(k)

32In section 353 (requirements where production order not available), in subsection (10)—E+W+S+N.I.

(a)in paragraph (a)—

(i)for “investigator or” substitute “ investigator, ”;

(ii)after “customs officer” insert “ or an immigration officer ”;

(b)in paragraph (c)—

(i)for “investigator or” substitute “ investigator, ”;

(ii)after “Customs” insert “ or an immigration officer ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I20Sch. 21 para. 32 in force at 25.6.2013 by S.I. 2013/1042, art. 4(k)

33In section 356 (further provisions: civil recovery and detained cash), in subsection (11)(b), after “Customs” insert “ or an immigration officer ”.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I21Sch. 21 para. 33 in force at 25.6.2013 by S.I. 2013/1042, art. 4(k)

34In section 357 (disclosure orders), in subsection (8)—E+W+S+N.I.

(a)in paragraph (c), omit the final “and”;

(b)at the end of paragraph (d), insert ; and—

(e)in relation to a confiscation investigation carried out by an immigration officer, the Director of Public Prosecutions, the Director of Public Prosecutions for Northern Ireland or any specified person..

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I22Sch. 21 para. 34 in force at 25.6.2013 by S.I. 2013/1042, art. 4(k)

35(1)Section 369 (supplementary provision about customer information orders) is amended in accordance with this paragraph.E+W+S+N.I.

(2)In subsection (5)—

(a)after “customs officer” (in the first place) insert “ or an immigration officer ”;

(b)after “customs officer” (in the second place) insert “ or immigration officer ”.

(3)In subsection (7), after “customs officer” insert “ or an immigration officer ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I23Sch. 21 para. 35 in force at 25.6.2013 by S.I. 2013/1042, art. 4(k)

36In section 375 (supplementary provision about account monitoring orders), in subsection (4)—E+W+S+N.I.

(a)after “customs officer” (in the first place) insert “ or an immigration officer ”;

(b)after “customs officer” (in the second place) insert “ or immigration officer ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I24Sch. 21 para. 36 in force at 25.6.2013 by S.I. 2013/1042, art. 4(k)

37(1)Section 377 (code of practice of Secretary of State etc) is amended in accordance with this paragraph.E+W+S+N.I.

(2)In subsection (1), after paragraph (e) insert—

(f)immigration officers..

(3)In subsection (5), for “(e)” substitute “ (f) ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I25Sch. 21 para. 37 in force at 25.6.2013 by S.I. 2013/1042, art. 4(k)

38In section 412 (interpretation of Chapter 3 of Part 8 — Scotland), in the provision which relates to references to a “constable”, after “customs and excise officer” insert “ and to an immigration officer ”.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I26Sch. 21 para. 38 in force at 25.6.2013 by S.I. 2013/1042, art. 4(k)

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